R v Edgerton
[2020] NZHC 1891
•31 July 2020
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2019-092-8422
[2020] NZHC 1891
THE QUEEN v
NEVILLE ANDREW EDGERTON
Hearing: 31 July 2020 Appearances:
M S Williams for the Crown M Allen for the Defendant
Judgment:
31 July 2020
SENTENCING NOTES OF DUFFY J
Solicitors:
Crown Solicitor (Kayes Fletcher Walker), Manukau Public Defence Service, Manukau
[1] When Mr Edgerton was before me for sentence on 14 July 2020, there appeared to be two charges of breach of release conditions pursuant to s 71 of the Parole Act 2002. However, Mr Edgerton’s criminal history record only showed a conviction entered on one such breach. For that reason, I was not prepared to sentence him on the two breaches until further inquiries were made of the District Court.
[2] Since then, this Court has obtained a transcript of what transpired in the District Court when Mr Edgerton appeared for sentence. I am now satisfied that on the second breach of release conditions pursuant to s 71 of the Act, Mr Edgerton did enter a guilty plea and accordingly he is now convicted and discharged on that offence.
[3] As occurred with the sentencing on 14 July 2020, Mr Edgerton was in the Court precincts (Court cells) but he refused to enter the courtroom. Accordingly, I followed the procedure I adopted on 14 July 2020.1 Mr Edgerton’s counsel informed me that she had fully explained to him the purpose of and reasons for today’s sentencing. Also, before the sentencing proceeding, the Court security officers checked more than once to see if Mr Edgerton would agree to enter the courtroom, but he refused do so.
Duffy J
1 R v Edgerton [2020] NZHC 1694.
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